In South Carolina, the Court of General Sessions is the criminal trial court that handles felony and serious misdemeanor charges. If your case has been sent to General Sessions, it means that the State considers your charge more serious than the lower-level offenses handled in magistrate or municipal courts. For example, Domestic Violence 2nd Degree and above, DUI 2nd Offense and above, Sexual Exploitation of a Minor, and Criminal Solicitation of a Minor are all General Sessions level offenses.
Many companion charges to DUI 1st are also heard in General Sessions. This includes Failure to Stop for a Blue Light and Leaving the Scene of an Accident.
Cases in General Sessions are prosecuted by the local Solicitor’s Office or the South Carolina Attorney General’s Office. These agencies are responsible for reviewing evidence, presenting cases to the grand jury, and preparing for trial. Once your case is sent to this court, it will be placed on the solicitor’s docket. You won’t receive a trial date immediately. Instead, the case enters a review process that usually takes several months or longer, depending on the complexity of the charges and the court’s schedule.
Defendants in General Sessions are eligible for a preliminary hearing. This is an important right, but it must be requested quickly after an arrest. A preliminary hearing gives your lawyer the opportunity to challenge law enforcement’s claim that there was probable cause for your arrest. At the Law Office of James R. Snell, Jr., LLC, we request these hearings for clients who retain us soon enough to protect this option.
We also routinely ask that our clients be excused from the initial “roll call” appearance assigned in General Sessions by the bond court. These dates are simply administrative check-ins with the prosecutor’s office. They are not hearings where a judge reviews bond conditions, modifies restrictions, or takes up any other matters in your case. Having an attorney request that you be excused can save you time and unnecessary stress.
Until your case is resolved, your bond conditions remain in effect. This may include restrictions on travel or contact with certain individuals. We can assist you with requesting modifications to your bond as necessary. This can include removing GPS monitors, allowing you to travel out of state, or removing no-contact restrictions. If your case is dismissed, your attorney can help you determine if and when you may be eligible for an expungement to remove the record of your arrest.
Attorney James Snell has over 20 years of experience representing clients in General Sessions courts throughout the Lexington and Columbia area. Our firm offers free consultations, and same-day appointments are usually available.
All cases are unique. Prior results obtained by the attorney in one matter do not indicate similar results can be obtained for other clients in other matters. If your case has been sent to the Court of General Sessions, call (803) 359-3301 today to schedule your consultation.